LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
FISCAL IMPACT STATEMENT
LS 7029 NOTE PREPARED: Jan 3, 2025
BILL NUMBER: HB 1428 BILL AMENDED:
SUBJECT: Freedom of Conscience in Health Care.
FIRST AUTHOR: Rep. Miller D BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: This bill provides that a health care provider, health care entity, and a health
carrier may not be required to provide or refer an individual for a health care service that violates the
conscience of the health care provider, health care entity, or health carrier. It establishes an exception for a
health carrier. It specifies that a health care provider, health care entity, or a health carrier may not be subject
to discrimination and certain other acts and liability for declining to provide the health care service. It
establishes a civil action for a violation of these provisions. It also provides that a person who prevails in a
civil action is entitled to certain relief.
Effective Date: July 1, 2025.
Explanation of State Expenditures: The bill allows a person to make a judicial, administrative, or other
type of claim regarding violations of the bill. A prevailing plaintiff is entitled to the greater of up to three
times the actual damages sustained or $5,000, as well as injunctive relief, court costs, reasonable attorney’s
fees, and other appropriate relief determined by the court. If a state-owned hospital or the state employee
health plan is subject to a civil action, as prescribed in the bill, expenses would increase if the plaintiff
prevails.
Explanation of State Revenues: If additional civil cases occur and court fees are collected, revenue to the
state General Fund will increase. The total revenue per case would range between $100 and $122. The
amount deposited will vary depending on whether the case is filed in a court of record or a municipal court.
The following linked document describes the fees and distribution of the revenue: Court fees imposed in
civil, probate, and small claims cases.
Explanation of Local Expenditures: If a locally-owned hospital is subject to a civil action, as prescribed
in the bill, expenses for the hospital would increase if the plaintiff prevails.
Explanation of Local Revenues: If additional cases occur, revenue will be collected by certain local units.
If the case is filed in a court of record, the county will receive $32 and qualifying municipalities will receive
a share of $3. If the case is filed in a municipal court, the county receives $20, and the municipality will
HB 1428 1 receive $37. The following linked document describes the fees and distribution of the revenue: Court fees
imposed in civil, probate, and small claims cases.
State Agencies Affected: State-owned hospitals; State Personnel Department.
Local Agencies Affected: Locally-owned hospitals; trial courts, city and town courts.
Information Sources: Indiana Supreme Court, Indiana Trial Court Fee Manual.
Fiscal Analyst: Jason Barrett, 317-232-9809.
HB 1428 2